Rohit Kumar Alias Sunny Alias Prince v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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Present:
Mr. Ankit Kharbanda, Advocate for the petitioner.
***** SUMEET GOEL, J. (ORAL) 1.
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Thus, regular bail is prayed for.
4.
Counsel for the State has opposed the present petition by arguing that the allegations raised are serious in nature and, thus, the petitioner does not deserve the concession of regular bail. Learned State counsel has further submitted that the instant bail plea is barred by the rigors of Section 37 of the NDPS Act, and thus, the same ought to be dismissed. Learned State counsel seeks to place on record custody certificate dated 31.07.2025 in Court, which is taken on record.
P a g e | 5 5.
I have heard counsel for the parties and have gone through the available records of the case.
6.
The petitioner is in custody since 11.05.2025. The conclusion of investigation as also trial emanating therefrom, if occasion so arises, will take its own time. It is not in dispute that the contraband recovered from the petitioner is 45gms of heroine, which is non-commercial in nature. Further, the invocation of Section 27A of NDPS Act is on account of alleged recovery of Rs.3,000/- shown to be as drug money, but the basis thereof is confessional statement of the present petitioner. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage lest it may prejudice the rights of either of the parties. #
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6 As per the custody certificate dated 31.07.2025 filed by the learned State counsel, the petitioner has suffered incarceration 2 months and 18 days. Further, as per the said custody certificate the petitioner is stated to be not involved in any other criminal case. Suffice to say, the further detention of the petitioner in custody is not required in the facts and circumstances of the case. 7.
Accordingly, keeping in view the entirety and totality of facts and circumstances of the case; especially the factum the complainant has not supported the case of the prosecution, this Court proceeds to consider favourably the plea for grant of bail to the petitioner. Suffice to say, the further detention of the petitioner in custody is not required in the facts and
P a g e | 6 circumstances of the case. The petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the learned concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.
(iii) The petitioner shall not absent himself on any date before the trial.
(iv) The petitioner shall not commit any offence while on bail.
(v) The petitioner shall deposit his passport, if any, with the trial Court.
(vi) The petitioner shall give his cell phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.
(vii) The petitioner shall not in any manner try to delay the trial.
8.
In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner.
9.
Ordered accordingly.
10.
Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.
P a g e | 7 11.
Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. (SUMEET GOEL) JUDGE July 31, 2025
Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No